Remove Climate Change Remove Law Remove Precautionary Principle
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Navigating the Intersection of Climate Change and the Law of the Sea: Exploring the ITLOS Advisory Opinion’s Substantive Content

Law Columbia

Despite the ongoing debate on whether ITLOS has jurisdiction to issue an advisory opinion on climate change, if the Tribunal asserts jurisdiction (on jurisdiction, see here and here) , there is still much to uncover. Assuming the ITLOS will assert jurisdiction, this post’s objective is twofold.

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Earth system tipping events now seem inevitable – what does this mean for climate governance?

Legal Planet

Existing global environmental governance institutions – even those designed to address climate change – are ill-equipped for such challenges. Their impacts are distant in time and space from their causes. Their effects are practically irreversible.

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Climate Litigation and Children’s Rights: Unpacking the CRC’s New General Comment

Law Columbia

26 (GC26) on children’s rights and the environment with a special focus on climate change. Still, the decision holds significant implications for safeguarding children’s rights within the climate change context and set a foundation for future climate-related cases centered on children.

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Big Plastic’s arguments against federal plastics regulations crumple in court

Enviromental Defense

It’s called the Precautionary Principle and it’s widely accepted in environmental law in Canada and well beyond. She pointed out that Big Plastic’s interpretation of the Precautionary Principle would make it meaningless. But it’s not, either. They say that federal regulation of plastics is merely political.

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Principles of International Law and the Adoption of a Market-Based Mechanism for Greenhouse Gas Emissions from Shipping: New Sabin Center White Paper

Law Columbia

In a new white paper , published online, the Sabin Center examines nine principles of international law that establish and frame the International Maritime Organization’s (IMO) authority to adopt a market-based mechanism to reduce shipping emissions.

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The Rights of Nature — Can an Ecosystem Bear Legal Rights?

Law Columbia

How would such a legal system work, and could giving rights to nature help in the legal battle against climate change? The Rights of Nature law recognizes that an ecosystem has the right to exist, flourish, regenerate its vital cycles, and naturally evolve without human-caused disruption. A few case studies offer some insight.

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An Update on the Evolving Legal Landscape for Ocean-Based Carbon Dioxide Removal: Key Outcomes of the October 2023 Meeting of the Parties to the London Convention and Protocol

Law Columbia

Given this, over the last century, a large body of international law has been developed to govern ocean-based activities. It is proving difficult in part because of the highly siloed nature of international environmental law. This is consistent with the precautionary principle that underlies much international environmental law.